only long-term accommodation with irreversible effects on the physical and mental aspects of the
person. It is obvious that the attention of the authorities must not be limited only to the component
of creating good living conditions, but also to the occupational and educational field of the persons
in custody. The People's Advocate argues that the situation in the custodial system can
progress only in the case of a firm, clear, transparent and accountable political will. The
reforms initiated are to be extended in order to effectively protect against torture and other
forms of inhuman and degrading punishment.
Similarly, the People’s Advocate draws the attention of government authorities to the
fulfillment of his recommendations made in the 2018 report. Only 10% of the recommendations
were implemented in 2019. The Ombudsman is alarmed by the attitude of public actors versus his
comments and unwillingness to address them.
The authorities also did not rush to report to the UN Committee Against Torture, which
in 2017 requested the Government to report by December 6, 2018 information on the
implementation of point 16 (c), point 9 and point 14 (i) of its comments (CAT/C/MDA/3). This
approach was resolved only on July 31, 2019207.
On March 28, 2019, the ECtHR, due to the non-exhaustion of the national remedy,
declared inadmissible the cases: Baban and others v. The Republic of Moldova (application no.
3282/12); Bulgacov and others v. The Republic of Moldova (application no. 54187/15); Cobilceanu
and others v. The Republic of Moldova (application no. 72239/16); Filat and others v. The Republic
of Moldova (application no. 11657/16); Codreanu and others v. The Republic of Moldova
(application no. 22927/09); Grigoras and others v. The Republic of Moldova (application no.
25435/18); Talambuta and others v. The Republic of Moldova (application no. 23151/09). The
applicants alleged a violation of Art. 3 of the Convention on the grounds of detention in materially
inadequate conditions of detention, lack of adequate medical care, and lack of an effective remedy
for the enforcement of their rights. The Court noted that with the introduction of the new
compensatory remedy for inadequate detention conditions, approved by Law no. 163/2017 in force
on January 1, 2019, the applicants must make use of this national mechanism.
207
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CAT%2fC%2fMDA%2fCO%2f
3%2fAdd.1&Lang=en;
146
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